This property was also considered for demolition at the same time as 431 N. L. Street. It is also a City owned property - formerly owned by Joe DiMauro.
While downtown today, I bumped into a near-by neighbor of this property. He commented how the City requires others to landscape and irrigate vacant lots, but seems to exempt itself from the requirements.
I post these here for your information and also quote the section of the code regarding maintenance of vacant lots.
3.21.09.00 Maintenance of existing undeveloped property and properties as a result of demolition.
23.21.09.01.Maintenance of undeveloped properties . This section shall apply to all zoning districts and to all property owners or successors in interest located in the City of Lake Worth. All undeveloped properties must have grass or other suitable live plant material planted over the entire site and trees planted in the front setback. Trees shall also be planted in the side setback next to the street on a corner lot. Trees shall also be planted in the rear setback on double frontage lots. All lots shall be properly irrigated as required by the landscape regulations. This section shall take effect six (6) months after adoption or December of 2007.
23.21.09.02.Maintenance of vacant lots as a result of the demolition of the primary structure. This section shall apply to all zoning districts and to all property owners or successors in interest in property located in the City of Lake Worth. Any owner of avacant lot upon which a principal structure has been demolished to the extent that it no longer qualifies for a certificate of occupancy must follow the maintenance and planting requirements shown below in section 23.21.09.05.
23.21.09.03.Vacant lot tree exemptions. The following exemptions shall apply to the installation of trees in:
(1) The front setback;
(2) The front and side setback on corner lots; and
(3) The front and rear setback on double frontage lots.
A. Qualifying for an exemption. A property owner can qualify for an exemption if an affidavit is provided by the owner or owner's representative to the planning, zoning, and historic preservation department attesting that new construction will commence within one hundred twenty (120) days of demolition. The affidavit shall be accompanied by the submittal of a building permit application for a primary structure and demolition permit or evidence that an existing permit is active.
B. Affidavit. The affidavit shall be made on a form established by the planning, zoning, and historic preservation department. If the property owner fails to initiate development within the 120-day period, the owner shall comply with section 23.21.09.05.
23.21.09.04.Vacant lot variance. A property owner may apply to the Planning and Zoning Board for a variance from the 120-day time frame based on consideration of the following criteria:
1. An unanticipated consequence, such as natural disaster; or
2. Due to its own fault the city is unable to process the building permit within one hundred twenty (120) days.
23.21.09.05.Vacant lot maintenance and planting requirements.
A. Ground treatment. Vacant lots regulated by section 23.21.09.02 must be cleared of construction materials and debris, and must be planted with sufficient ground treatment (sod and trees that are drought-tolerant and sufficient irrigation) to cover the entire lot. Existing ground treatment may be used to meet the requirements of this section. The clearing and planting must be completed within 30 days of the completion of demolition or effective date of this section, whichever is later.
Slab foundations or other structural features remaining from demolished houses, or from other demolished structures, must be removed.
B. Trees and/or palms. Trees shall be planted in accordance with the requirements of section 23.21.08.06, the landscape design standards of the zoning code. Trees shall be native or drought tolerant and shall be preserved according to section 23.21.08.11, minimum maintenance requirements of the zoning code.
C. Existing trees and/or palms. Preservation of existing native trees is encouraged and credit shall be given towards the above requirements. If existing native trees are removed, they shall be replaced in accordance with the requirements of section 23.21.08.06, the landscape design standards of the zoning code.
D. Prohibited plant species. All existing prohibited plant species, as shown in section 23.21.08.08, prohibited and controlled species, shall be eradicated from the property.
E. Removal. Clearing and removals shall comply with the permit requirements of section 23.21.08.04 of the zoning code.
F. Vacant lot planting plan application and approval.
(1) Planting plan. Simultaneously with the application for a demolition permit, the owner shall submit a planting plan indicating the method of ground treatment, existing and replacement trees, and irrigation.
(2) Demolition permit. The building department shall not issue the demolition permit or renewal of permit or issuance of a new building permit until a planting plan is approved by the planning, zoning and historic preservation (PZHP) department.
(3) Review of planting plan. Within ten (10) business days of receipt, the PZHP department shall determine if the planting plan is sufficient and includes the information necessary to evaluate the plan. The PZHP department shall thereafter approve, approve with conditions, or deny the plan within ten (10) business days of the determination of sufficiency. If necessary, PZHP Department staff shall conduct a site visit as part of the plan review.
(4) Standards. The PZHP department shall consider the following criteria in reviewing the planting plan:
(a) Whether or not the ground treatment and other landscape materials are consistent with the established character of the neighborhood;
(b) Whether or not alternative or temporary irrigation methods can feasibly be implemented.
G. Vacant lot plant installation, maintenance, pruning and irrigation installation.
(1) Landscaping shall be installed showing skilled workmanship and according to accepted planting procedures. Plant materials shall be located and installed to provide proper growing conditions and good drainage of root systems. Soil in landscaped areas shall be free of debris, including paving base or fill material and calcareous materials such as shell, lime rock, concrete, plaster, and stucco. Soil in landscaped areas shall consist of sand, peat, mulch, and similar materials. Such soils shall be at a minimum depth of six (6) inches below the root ball and at least ten (10) inches on all sides of the root ball. Planting areas are to be totally excavated whenever plant materials are installed twenty-four (24) or less inches apart. Planting areas containing excessive calcareous materials shall be excavated to a minimum depth of two (2) feet. A minimum of three (3) inches of compacted, organic mulch shall be placed around all newly installed trees, shrubs and ground cover planting areas. The use of melaleuca, rather than cypress mulch is encouraged. Mulch consisting of any exotic, invasive species must be certified seed-free by the producer. The planting of shade, flowering or fruit trees shall be installed in a sound workmanship-like manner according to accepted and proper planting procedures. All trees shall be properly guyed and staked at the time of planting. Trees shall be restaked in the event of blow-overs or other failure of staking and guying. All guy wire and staking material should be removed as soon as the tree will stand on its own but no more than one (1) year after planting.
(2) Regular maintenance of all landscaping is required. All landscaping shall be free from disease, pests, weeds, and litter. Maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching, or any other actions needed, consistent with acceptable horticultural practices.
Maintenance shall terminate upon active construction commencement and shall apply so long as there is an active construction site. If construction work stops a new planting plan must be submitted and implemented.
(Ord. No. 2007-34, § 1, 7-17-07)
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